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CA Urvashi Porwal

Latest Judiciary


Processing of steel scrap into blended steel scrap amounts to manufacture – AAR

Excise Duty : T. T. Recycling Management India Private Limited (hereinafter also referred to as applicant) is a resident Private Limited Company...

September 1, 2016 2338 Views 0 comment Print

Mere Crushing of Coal does not amount to manufacture: AAR

Excise Duty : It is engaged in the manufacture and sale of PET Chips. The applicant now intends to start a new business whereby the applicant i...

September 1, 2016 1321 Views 0 comment Print

Activity of mere Loading software in a device does not amount to manufacture – AAR

Excise Duty : Nucleus Device is classifiable under Tariff Entry 85176290 of the First Schedule to the Central Excise Tariff Act 1985 as Machines...

September 1, 2016 1762 Views 0 comment Print

Tax Laws passed by Legislature not open to judicial review – SC

Excise Duty : The High Court has dismissed the Writ Petition by the impugned judgment and order dated 2.9.2011. Being dissatisfied with the dism...

August 31, 2016 2992 Views 0 comment Print

Activities relating to spectacles, frames & tagging of jewellery does not amount to manufacture– AAR

Excise Duty : In the instant case, the applicant has submitted that the tag is applied by them while placing the jewellery in the box to preven...

August 31, 2016 1921 Views 0 comment Print


Recovery cannot be made from bonfide purchaser of DFIA/DEPB license – CESTAT

August 31, 2015 4683 Views 1 comment Print

In the case of Sumit Wool Processors vs. Commissioner of Customs (Import) / (Export) it was held that it is a settled law that even a license obtained by fraud or mis-representation of facts is only voidable and not void ab-initio. It is good in law until it is avoided.

CENVAT credit on capital goods used in the construction/erection of plant is allowed

August 29, 2015 2324 Views 0 comment Print

In the case of M/s.Thiru Arooran Sugars Vs. The Custom, Excise and Service Tax Appellate Tribunal, Hon’ble Madras High Court held that CENVAT credit on capital goods used in the erection of various capital goods, viz., M.S.Plates, M.S.Angles, M.S.Channels and H.R. Plates, which were purchased

‘Close up’ should be classified as dental cleaner, not toothpaste–SC

August 29, 2015 2376 Views 0 comment Print

In the case of Commissioner Of Central Excise, Vapi Vs. M/s. Global Health Care Products , the Supreme Court held that ‘Close up’ should be classified as dental cleaner, not toothpaste on account of different

CENVAT credit of outdoor catering & outward transportation upto place of removal allowed

August 29, 2015 1964 Views 0 comment Print

In the case of Commissioner of Central Excise & Service Tax Vs. M/s. Thiru Arooran Sugars Ltd., Hon’ble Madras High Court held that the CENVAT credit of the service tax paid in respect of cell phone services, catering services

Valuation rules should not be invoked, if the transaction is done on arm’s length price even in case of related parties – SC

August 20, 2015 2238 Views 0 comment Print

In the case of Commissioner of Central Excise V/s. M/S. Detergents India Ltd., Supreme Court has held that in case of related party transactions, proviso (iii) of Section 4(1)(a) will not be applicable when there is no arrangement between Shaw the related parties to depress a price which is otherwise at arm’s length.

Section 11A mandatory for recovering refund granted pursuant to the order which subsequently declared as unsustainable – HC

August 14, 2015 451 Views 0 comment Print

In the case of The CC&CE V/s M/s. Panyam Cements & Minerals Industries Ltd., Kurnool, it was held by Andhra Pradesh High Court that invoking Section 11A is mandatory for recovering the refund granted pursuant to the adjudication order passed under section 11B which subsequently declared as unsustainable

Job worker should be considered as manufacturer subject to arrangement between parties- SC

July 28, 2015 3112 Views 0 comment Print

In the case of Commissioner of Central Excise, Goa V/s. M/s Cosme Farma Laboratories Ltd., it has been held by the Hon’ble Supreme Court of India that in case of job work arrangement, the job worker should be considered as manufacturer on the basis of the arrangement

Mere Value addition to Inputs does not amount to Manufacture – SC

July 19, 2015 2012 Views 0 comment Print

In the case of M/s. Maruti Suzuki India Ltd. vs. Commissioner of Central Excise, it was held by SC that a process that is only adding some value to the inputs does not necessarily amounts to manufacture. After processing of the inputs, a new and different article emerges having a distinct name, character or

Refund can be claimed by person other than Manufacturer in certain conditions – SC

July 19, 2015 1018 Views 0 comment Print

In the case of M/s. Oswal Chemicals & Fertilizers Ltd. Vs Commissioner of Central Excise, Bolpur, it was held that a person who is ultimately aggrieved with the payment of the duty and challenges the order successfully can seek the refund as per Rule 11B of the act.

SSI Exemption available to job worker on goods manufactured under Brand name of Principal manufacturer – SC

July 13, 2015 2246 Views 0 comment Print

In the case of M/s. Vir Rubber Products P. Ltd. Vs. Commissioner of Central Excise Hon’ble SC held that for claiming SSI exemption under Central Excise law, the value of clearances made on account of job work under the brand name of principal manufacturer should not be included

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